Small Claims Court

chigz1

Hi All,

Wanted to get some advise, not sure if this is the correct part of the forum.

I have gone down the small claims track for a some poor workmanship in on my mothers back garden. The defendant is using a solicitor where as I am trying to do this myself.

The judge on the case asked for an expert report on the installation and adequacy of the irrigation system installed. He wanted both parties to jointly agree on an expert. I provided my options, giving reasons for my choice, to the defendant who refused to choose and countered with their own choices, which were just names of people and no other details. I felt they are likely to just be ”friends”. They also wrote to the court asking for report on the lawn and irrigation. I was then sent an order from the court to choose from one of the options provided by the defendant.

I have tried to write to the court to say they have changed their minds on the report and should give me time to find an unbiased expert and postpone the hearing which is on the 9th August. They just responded by saying adjourning the date costs £250 and ignored the main part of my letter

I was hoping to get some advice on what my options might be without annoying the courts!


Thanks

hollydays

Communicate with him ?
Ask him for the qualifications of the experts he's chosen.
How did you chose your experts? If he asked you the same questions, what could you say?
Is he a member of any trade body?

kimplus8

I would ask for proof of the credentials of these experts before choosing and take it from there, if they are registered tradesmen then there's not really a lot you can do about it.

chigz1

Sorry forgot to include that part.

I searched online to find companies that have been around for a number of years in this field and are well reviewed.
When I asked his solicitor for the details I was given very vague details. i.e he went to horticulture university and owned his own business. But no details on the university or business name.

He isnt a member of any trade body.

Thanks

hollydays

chigz1 wrote: »

Sorry forgot to include that part.

I searched online to find companies that have been around for a number of years in this field and are well reviewed.
When I asked his solicitor for the details I was given very vague details. i.e he went to horticulture university and owned his own business. But no details on the university or business name.

He isnt a member of any trade body.

Thanks

I'm not sure either of those qualifies as an expert.

chigz1

hollydays wrote: »

I'm not sure either of those qualifies as an expert.

This is why I am surprised that the court have asked me to chose one of his options.

How can i argue this?

hollydays

No I meant yours as well..

hollydays

I haven't thoroughly checked this out but something more like this

http://www.btlia.org.uk/membership/consultants.html

bod1467

hollydays wrote: »

No I meant yours as well..

I read it as OP saying the other party's solicitor gave those vague details, NOT that the OP had such details about his own choices.

hollydays

bod1467 wrote: »

I read it as OP saying the other party's solicitor gave those vague details, NOT that the OP had such details about his own choices.

Yes but if you look further up the op has just chosen businesses off the net

chigz1

I spoke to the courts and they didn't give any specific on who a "expert" should be. I used an Witness Expert registry but the quotes I was receiving was far higher than the limit set by the courts.

As far as I could find there are no guidelines for who can be an expert, hence why I chose companies that do this as their sole business.

Going back to my question, does anyone have any ideas on how i can approach this?